New York Court of Appeals

David R. White, Appellant v. Robert Long, Respondent

May 4, 199585 N.Y.2d 564

Summary

The New York Court of Appeals reinstated the plaintiff's private cause of action under the Navigation Law against the prior owner for reimbursement of cleanup costs, while affirming the dismissal of the plaintiff's negligence and covenant of quiet enjoyment claims. The Court held that the plain language of the Navigation Law permits a property owner deemed a discharger to sue another discharger who actually caused the petroleum discharge.